Philadelphia Indem. Ins. Co. v. Allsopp

Philadelphia Indem. Ins. Co. v Allsopp (2021 NY Slip Op 50108(U)) [*1] Philadelphia Indem. Ins. Co. v Allsopp 2021 NY Slip Op 50108(U) [70 Misc 3d 139(A)] Decided on February 11, 2021 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on February 11, 2021 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT PRESENT: Edmead, P.J., Higgitt, Brigantti, JJ. 21-020 Philadelphia Indemnity Insurance Company a/s/o Sensible Auto, Inc., Plaintiff-Respondent, against Crystal Allsopp, Defendant-Appellant. Defendant appeals from an order of the Civil Court of the City of New York, New York County (Jose A. Padilla, Jr., J.), entered November 20, 2020, which denied her motion to vacate a default judgment. Per Curiam. Order (Jose A. Padilla, Jr., J.), entered November 20, 2020, affirmed, without costs. Defendant's motion to vacate the default judgment, which was ostensibly unopposed by plaintiff, was properly denied on the ground that defendant failed to submit proof of service of the motion papers (see MTGLQ Invs., L.P. v White, 179 AD3d 790, 791 [2020]; Wells Fargo Bank, N.A. v Whitelock, 154 AD3d 906 [2017]; Lenders Capital LLC v Ranu Realty Corp., 99 AD3d 566 [2012]). In light of our determination, we need not reach defendant's remaining contentions. All concur. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. Clerk of the Court Decision Date: February 11, 2021